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REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL IUDICIAL REGION
QUEZON CITYREGIONAL TRIAL COURT
BRANCH 227
Proptu oF THE PHIUPPINES,
Plaintiff , i s. \ti:tiitil! riiliiM
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versus -
D.tru ANnar "LJNsAY"Aurarueu jR., ET AL.,
Criminal Cases Nos.Q-09-162148 to 72Q-09-162216 to 31Q-10-162652
to 66
Q-l0-163766GL-Q-12-L78638
Accused.
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x
MANIFESTATION
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with -
NOTICE ON PRESENTATION OF CHrLD WTTNESS
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and-
OMNIBUS MOTION:
rOR CTARIFICATION
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and-
To ENsunr CoUpLIANCE wrrH THE RULE oNExaprrNa,TIoN or Crurn
WIrNEss
Accused Zl^toy Uy AnapATUAN (hereinafter "Zaldy"), bycounsel, to
this Honorable Court, hereby respectfully states:
IEZON frIl'Y
ffi[fu**r#fiY: ilLN zlQ -r l
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1. On 22 August 2014, Zaldy, by counsel, received acopy of the
Manifestation also dated 22 August 2014, filed byArry. Nrlse A.
Saxros, counsel for private complainants, whereshe "requires that
the defense [counsel] inform the prosecution,both public and
private prosecutors, the names of theirwitnesses to be presented
and copy furnished [sic] them thedocuments to be identified by the
witnesses, if any, at least five(5) days before the scheduled
hearing."
2. Zaldy respectfully submits, with all due respect tothe
prosecution, however, that the Manifestation dated 22August 2A14 is
procedurally defective because
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a. first, it does not bear the conformity of thepublic
prosecutors, who have control and supervisionover the prosecution
of the consolidated criminalcases at Bar;
b. second, considering that the Manifestationdated 22 August
20-1.4 includes, at least implie dly, aprayer for relief
-in this case, requiring the defenseto provide the prosecution
with the names ofwitnesses and the list of documents to be
identifiedby the witnesses-Atty. Santos should have filed
anappropriate motion to this effect, in compliance withprocedural
rules governing motions; and
c. third, assuming the Manifeststion isprocedurally permissible
to effect the granting of therelief aforementioned, it is the
court
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not Atty.Santos
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that has the power to direct the defense toprovide the
information sought in the Manifestation.
3. Further, proceduralrespectfully submits that
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infirmities aside, Zaldy
a. first, the request by the defense for theprosecution to
provide information on the evidenceto be presented by the
prosecution is grounded onthe constitutionally-guaranteed right of
Zaldy, as anaccused in the criminal cases at Bar, to
compulsoryprocess, thus:
No person shall be held to answer tor acriminal offense without
due process of law.
I\i(^-:f^-+^+:^- -^.i]L NT^+:^^
--I f-r*-:L,.- ilr^+i^- D^ -^ .t
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In ail criminal prosecutions, the accusedshall be presumed
innocent until the contrary isproved, and shall enjoy the right to
be heard byhimself and counsel, to be informed of the natureand
cause of the accusation against him, to havea speedy, impartial,
an':.d public trial, to meet the'witnesses face to face, and to
haoe compulsoryprocess to secure the attenilance of zoitnesses
anilthe production of eoidence in his behalf .F{owever, a{ter
arraignment, trial may proceednotwithstanding the absence of the
accused:Provided, that he has been duly notified and hisfailure to
appear is unjustifiable. (Emphasissupplied)
b. second, neither he nor his counsel isbound by representations
and waivers made by hisprevious counsel.
4. Moreover, Zaldy is not aware on whether theprosecution has
fully rested its case, consid"ering that, to theknowledge of
undersigned counsel, the prosecution hadsubpoenaed additional
witnesses who have yet to be cross-examined by the rest of the
accused in the criminal cases at Bar,considering that they have yet
to secure the services of newcounsel.
5. On this point, Zaldy respectfully manifests that he,through
undersigned counsel, intends to cross-examine thesewitnesses by the
prosecution. Nonetheless, he likewiserespectfully manifests that he
is waiving his physicalappearance in the proceedings at Bar in the
meantime.
6. Under the circumstances, particularly becausepresentation of
evidence by the defense might be premature atthis juncture, Zaldy
respectfully seeks clarification from thisHonorable Court on
whether he is procedurally permitted topresent evidence on 3
September 2A14, at 9:00 AM, despite thependency of the
prosecution's presentation of evidence,including the fact that the
accused, including Zaldy, have yet tocross-examine the witnesses of
the prosecution.
that,his
7 - In any event, however, Zaldy respectfully manifestsif so
permitted to present evidence, he will be presentingdaughter, Bal
Irlonarov M. Auperuaru (hereinafter
"Cookie"), d minor, at the hearing scheduled on 3 September
Manifestation with Notice and Omnibus Motion Paee 3
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201,4, at 9:00 AM, andf or at such other date or dates to
bescheduled by this Honorable Court.
8. As a minor, Cookie is covered by the Rule onExamination of
Child Witness.
9. Zaldy, therefore, and to protect the best interests ofthe
witness, respectfully moves for this Honorable Court toensure
compliance, not only by personnel of this HonorableCourt, but by
all parties hereto, including the prosecution, withthe provisions
of the RuIe on Exsmination of Child Witness,including Sections 11
(on Support Percons), 12 (an Waiting Areafor ChildWitnesses), and
13 (on Courtroaru Enuironment).
PRAYER
Wherefore, in view of all the foregoing considerations,Zaldy
respectfully prays that this Honorable Court:
a. NoTE the manifestations made herein;
b. cLARTFY theZaldy's presentation of2014, at 9:00 AM;
procedural propriety ofevidence on 3 September
c. ENSURE compliance by the parties hereto,and by personnel of
this Honorable Court, with theRule on Exsmination of
ChildWitness.
Zaldy likewise prays for other just and equitable
reliefs.Respectf ully submitted.
Pasig City for Quezon City, 29 August 201,4.
l\fenifcctatinr r^zilhl\Tnfino enr{ f)mnikrrc l\rfnlina It,ca
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By,
PTR
HEFFRON ESGUERRA DY & DE }ESUSCounsel for Accused Zaldy Uy
Ampatuan221"0, 22 / F , Tycoon Centre, Pearl Drive
Ortigas Center 1605, Pasig CityMetropolitan Manila
Republic of the PhilippinesTelefax: (63 2) 91.0 4893
Email: [email protected]
Jre,, lWIAMES KEITH C.,HEFFRON
Roll No. 46388IBP Lifetime No. 05500 RSM
No. No. 2AA9758 / 20 February 201.4 / MandaluyongMCLE
Certificate of Com iance No. IV-0422288
RRA
'/ 30 januEry 201,4 / RSM/ 4February 2A14 /PasigCity
Compliance No. IY -AA22223
RE R. }ESUS
PTR No. 42361,31 1 9 January 2A14 / Makati CityMCLE Certificate
of Compliance No. IV-A020674
REQUEST FOR HEARTNG
Crnnx or CounrBranch 221Regional Trial CourtQuezon City,
Metropolitan Manila
Greetings! Kindly include the accompanying OmnibusMotion in the
trial calendar of the Honorable Court for 2September 2A\4, at 8:30
AM, during which undersigned counselshall submit the matters
contained therein for the considerationand resolution of the
Honorable Court.
P No. 952No. 98598
Manifestation with Notice and Omnibus Motion Pase 5
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DE IESU$
HEARINGNOTICE OF
Paxsl or PnosECUToRsDepartment of JusticePadre Faura Street,
ErmitaManila
Arrv. NEua A. SaNrosDoor 15, Acepal BuildingKoronadal City,
South Cotabatosantoslawoffice@ gmail. com
Greetings! Kindly take notice that undersigned counsel
hasrequested the Branch Clerk of the Honorable Court to includethe
accompanying Ornnibus Motion in the trial calendar of theHonorable
Court for 2 September 2A1".4, at 8:30 AM, duringwhich undersigned
counsel shall submit the matters containedtherein for the
consideration and resolution of the HonorableCourt.
\T^ai^^ ^..l n--.:L--^ lf^!:^.^
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Capy furnished:
PaNnr or PRosECUToRsDepartment of |usticePadre Faura Street,
ErmitaManila
Arrv. NrNa A. SaNrosDoor L5, Acepal BuildingKoronadal City,
South Cotabatosantoslawoffice@ gmail. com
Ks*?.oOdt.
0\?qsg0r-\rgat lac\g l'O&tg J1,,$\Ll
EXPLANATION AS TO SERVICE ANDFILING OF PLEADING
(To be disregarded if effected personally)
Copies hereof intended for the other parties and thisHonorable
Court were served and filed, respectively, viaregistered mail,
personal service and filing being impracticabledue to lack of
material time.
